…“tug of war” over child represented substantial risk of physical injury; trial court reasonably exercised discretion when denying motion to reopen voir dire; trial court erred by requiring defendant to…
…a review of testimony or other evidence, the jurors must be conducted to the courtroom. G.S. 15A-1233(a). Both the jury’s request and the judge’s response must be made in open…
…While his state habeas petition was pending, and decades after his original conviction, Foster made an open records request pursuant to Georgia law and obtained documents from the State’s jury…
…motion. Erroneous advice about preservation of appellate issues resulting in open plea constituted ineffective assistance of counsel; general warnings in plea colloquy were insufficient to remedy the mistaken advice U.S….
…the open fields doctrine. They find a van and peek in the window, seeing what they believe to be liquor jugs. If the automobile exception requires that the vehicle be…
…the traffic stop, and [defendant]’s consent to search was invalid.” Id. at 20. Open-air dog sniff did not unreasonably extend traffic stop and was permissible under the circumstances. State v….
…was disseminated by email to North Carolina’s trial judges on September 30, 2015, and was open for a little more than one month. To ensure candor, all responses were anonymous….
…as tolling, but which I generally refer to as holding open—that gives the court jurisdiction to conduct a hearing after expiration. An important distinction between holding open and tolling, though,…
…805 S.E.2d 701 (2017) (open container citation that cited G.S. 20-138.7(a) and stated that the defendant had an open container of alcohol after drinking was sufficient to apprise defendant of…